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Last Among Equals is the first detailed account of Hawaii's quest for statehood. It is a story of struggle and accommodation, of how Hawaii was gradually absorbed into the politcal, economic, and ideological structures of American life. It also recounts the complex process that came into play when the states of the Union were confronted with the difficulty of granting admission to a non-contiguous territory with an overwhelmingly non-Caucasian population. More than any previous study of modern Hawaii, this book explains why Hawaii's legitimate claims to equality and autonomy as a state were frustrated for more than half a century. Last Among Equals is sure to remain a standard reference for modern Hawaiian and American political historians. As important, it will require a reevaluation of two commonly held myths: that of racial harmony in Hawaii and that of automatic equality under the Constitution of the United States.
A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.
Considers (84) S. 49, (84) S. 399, (84) S. 402.
The Massie-Kahahawai case of 1931–1932 shook the Territory of Hawai‘i to its very core. Thalia Massie, a young Navy wife, alleged that she had been kidnapped and raped by “some Hawaiian boys” in Waikīkī. A few days later, five young men stood accused of her rape. Mishandling of evidence and contradictory testimony led to a mistrial, but before a second trial could be convened, one of the accused, Horace Ida, was kidnapped and beaten by a group of Navy men and a second, Joseph Kahahawai, lay dead from a gunshot wound. Thalia’s husband, Thomas Massie; her mother, Grace Fortescue; and two Navy men were convicted of the lesser charge of manslaughter, despite witnesses who saw them kidnap Kahahawai and the later discovery of his body in Massie’s car. Under pressure from Congress and the Navy, territorial governor Lawrence McCully Judd commuted their sentences. After spending only an hour in the governor’s office at ‘Iolani Palace, the four were set free. Local Story is a close examination of how Native Hawaiians, Asian immigrants, and others responded to challenges posed by the military and federal government during the case’s investigation and aftermath. In addition to providing a concise account of events as they unfolded, the book shows how this historical narrative has been told and retold in later decades to affirm a local identity among descendants of working-class Native Hawaiians, Asians, and others—in fact, this understanding of the term “local” in the islands dates from the Massie-Kahahawai case. It looks at the racial and sexual tensions in pre–World War II Hawai‘i that kept local men and white women apart and at the uneasy relationship between federal and military officials and territorial administrators. Lastly, it examines the revival of interest in the case in the last few decades: true crime accounts, a fictionalized TV mini-series, and, most recently, a play and a documentary—all spurring the formation of new collective memories about the Massie-Kahahawai case.
Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
This new edition of Statehood and Union: A History of the Northwest Ordinance, originally published in 1987, is an authoritative account of the origins and early history of American policy for territorial government, land distribution, and the admission of new states in the Old Northwest. In a new preface, Peter S. Onuf reviews important new work on the progress of colonization and territorial expansion in the rising American empire.
Named one of the ten best books of the year by the Chicago Tribune A Publishers Weekly best book of 2019 | A 2019 NPR Staff Pick A pathbreaking history of the United States’ overseas possessions and the true meaning of its empire We are familiar with maps that outline all fifty states. And we are also familiar with the idea that the United States is an “empire,” exercising power around the world. But what about the actual territories—the islands, atolls, and archipelagos—this country has governed and inhabited? In How to Hide an Empire, Daniel Immerwahr tells the fascinating story of the United States outside the United States. In crackling, fast-paced prose, he reveals forgotten episodes that cast American history in a new light. We travel to the Guano Islands, where prospectors collected one of the nineteenth century’s most valuable commodities, and the Philippines, site of the most destructive event on U.S. soil. In Puerto Rico, Immerwahr shows how U.S. doctors conducted grisly experiments they would never have conducted on the mainland and charts the emergence of independence fighters who would shoot up the U.S. Congress. In the years after World War II, Immerwahr notes, the United States moved away from colonialism. Instead, it put innovations in electronics, transportation, and culture to use, devising a new sort of influence that did not require the control of colonies. Rich with absorbing vignettes, full of surprises, and driven by an original conception of what empire and globalization mean today, How to Hide an Empire is a major and compulsively readable work of history.